Terms and conditions
- TERMS AND CONDITIONS
Welcome to EstateSale.COM Online Estate Sales, owned by EstateSale.COM LLC a registered business in the state of PA. These terms and conditions are intended to help keep online-estatesale.com a safe place to trade.
1.1 Acceptance of terms and conditions: The terms and conditions are the terms on which EstateSale.COM LLC offers you access to the Services and the website. By registering as a member of online-estatesale.com you accept these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Services.
1.2 Amendment of terms and conditions: As EstateSale.COM LLC operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended.
These terms and conditions were last updated October 30, 2015.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
'auctions' include listings with a 'buy now' only price;
'item', 'items' means goods or property that may be bought or sold through the auction or classified process;
'member' means a registered member of online-estatesale.com;
'Services' means any one or more of the services offered by EstateSale.COM LLC and/or online-estatesale.com from time to time, including online auctions, classifieds, email alerts and any other service that they may offer;
'we', 'us' and 'our' are a reference to EstateSale.COM LLC and/or the website online-estatesale.com;
'you' and 'your' are a reference to you;
'listing' means a listing on the website through which you offer, negotiate, buy, sell or advertise any item whether by auction or classified;
'seller' includes any person placing a listing.
- SPECIFIC WARNINGS
2.1 The Services: EstateSale.COM LLC provides a venue to introduce members who want to buy and sell items. EstateSale.COM LLC does not take any part in the sale of items other than by providing our website as a venue for members. If a bid is accepted by a seller, a contract of sale will be formed between the buyer and the seller directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other members, including where you use the credit card service or any other payment service. If you use the credit card service, we simply pass on payments made by one member to another. As a result, even though some of the Services are being referred to as an auction, EstateSale.COM LLC is not an auctioneer.
2.2 At your own risk: Transactions and all other contact between you and other members are conducted entirely at your own risk. You agree that EstateSale.COM LLC takes no responsibility or liability for any misconduct of any of its members including, without limitation, members that have registered under false pretences or who attempt to defraud you. EstateSale.COM LLC gives no undertakings, representations, or warranties in relation to items sold or listed on the website including:
- about ownership of any item;
- as to the content, safety, description, worthiness, quality, or legality of the items;
- as to the accuracy or truth of listings;
- that any item will meet your requirements or expectations; or
- about the ability of members to complete a transaction, including credit card transactions.
2.3 Disclaimer: You expressly understand and agree that:
- your use of the Services is at your sole risk. The website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law and without limiting clause 2.2, EstateSale.COM LLC disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
- EstateSale.COM LLC does not warrant that i) the Services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including feedback) provided on the website is error-free or reliable;
- no advice or information that is obtained by you from EstateSale.COM LLC or anyone else shall create any warranty by EstateSale.COM LLC that is not expressly stated in the terms and conditions; and
- responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements on the website does not constitute EstateSale.COM LLC's recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- while EstateSale.COM LLC may facilitate payment for some items by credit card, EstateSale.COM LLC is in no way involved in the transaction itself, and responsibility for any refund rests with the seller.
- while EstateSale.COM LLC has systems in place to reduce the risk of credit card fraud, EstateSale.COM LLC is not responsible for protecting members from credit card fraud. EstateSale.COM LLC's fraud protection systems may from time to time block legitimate credit card payments. In these cases payment will need to be made by other means.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of EstateSale.COM LLC to you or any other person under or in connection with these terms and conditions, or in connection with the services, this website, another Member's acts or omissions, or your use of or inability to use, the services or this website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. EstateSale.COM LLC's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction, your sale or attempted sale of an item prohibited under clause 4.2(e), or arising out of any content or item you submit, post, transmit, or make available through the Services.
2.6 Breach: Without limiting any other rights and remedies available to EstateSale.COM LLC, we may limit your activities on the website, remove your bids, listings or other content, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you if you breach these terms and conditions or where EstateSale.COM LLC considers it appropriate.
2.7 Additional rules: In addition to the terms and conditions set out in this document, the Banned and Restricted Items list and Listing Policies as detailed on our FAQ page form part of these terms and conditions.
- BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by online-estatesale.com to ensure it is kept current at all times. EstateSale.COM LLC may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not). However, at EstateSale.COM LLC's discretion, you may create a business membership in addition to your personal membership.
3.3 Termination of membership: EstateSale.COM LLC reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, EstateSale.COM LLC may terminate your membership if a serious complaint or multiple complaints are received about you from other members, if you breach these terms and conditions, if you impersonate another member, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new online-estatesale.com memberships. You may at any time close your online-estatesale.com membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by EstateSale.COM LLC, your ability to use the online-estatesale.com website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
- not to permit any other person to use your user name or membership; and
- not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Emails and newsletters: online-estatesale.com will send you emails relating to your membership, transactions and other activities on the website, and for promoting and marketing other EstateSale.COM products and Services to you. online-estatesale.com may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
- GENERAL RULES
- All listings, bids or communications made through online-estatesale.com shall be made in good faith.
- You must not damage, interfere with or harm the website or Services, or any network, or system underlying or connected to them, or attempt to do so.
- You may not use a robot, spider, scraper or other unauthorized automated means to access the website or information featured on it for any purpose.
- All tax obligations are the responsibility of the seller and/or the buyer (as the parties determine) and must be made clear within the listing itself.
- You are responsible for any actions taken through your membership. Online-estatesale.com memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorization from EstateSale.COM LLC.
4.2 Your obligations as a seller
- You will only enter listings that are accurate, current, complete, and include all relevant information about the terms of sale, payment terms, shipping methods and who bears the cost of shipment. You must list an item in one category only which must be the most appropriate category for your item. If your item is likely to attract customs duty for buyers then you must ensure that this is clearly indicated in your listing.
- You may not list items that are reprints, counterfeits and/or or commercial reproductions in any form.
- You will only place listings for items that exist, are to be sold, and that you are legally entitled to sell. You will only list items that are in your possession.
- All listings must comply with Federal, State, and Local Laws. You must not list anything that is illegal, offensive (including anything of a defamatory, pornographic, or racially or ethnically objectionable nature), stolen, or unsafe, anything which infringes copyright or other intellectual property rights, items which have been illegally imported or which would require illegal import or export in order to complete the transaction, or any item of which the sale is prohibited by, or violates any, law. You are responsible for ensuring that any listing by you does not breach this clause 4.2(e). You agree that EstateSale.COM LLC may disclose your personal information, including your name and contact details, to the relevant authorities, parties and/or the applicable intellectual property right holders (or their representatives) if we consider that you are in breach of this clause 4.2(e) at any time.
- You must ensure you hold the copyright or are otherwise licensed to use any images you add to your listings.
- You must not use the website to sell items that are of a speculative nature including, but not limited to, pyramid, ponzy or similar schemes.
- You must not manipulate prices through shill-bidding or assuming multiple roles in a single transaction.
- For auctions, you must sell to the highest bidder if the reserve price is met. You must only sell to a bidder who is not the highest bidder after reasonable attempts have been made to contact the winning bidder without success.
- Listings are not pre-screened for content. EstateSale.COM LLC reserves the right to remove any listing that it deems unsuitable or in breach of the terms and conditions.
- You agree to your email address being provided to the buyer when your auction closes.
- You must promptly forward the listed item to the successful buyer on completion of the transaction.
- You must not charge unreasonable amounts for shipping and packaging costs.
4.3 Your obligations as a buyer
- Your bids are not retractable once the auction has closed. You must only place a bid if you intend to buy the relevant item at the bid price entered. Reasonable allowances should be made for postage where applicable.
- If you are notified that your bid has been successful, you must complete the transaction in the manner specified. By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction.
- You must make full and prompt payment for any item you buy.
- You agree to your username and the amount of your bid being publicly shown on the online-estatesale.com website. You also agree to your email and delivery address being provided to the seller when you win an auction.
- If your bid is successful and you do not pay for the item, you will receive a warning from online-estatesale.com if the seller complains about you. After 3 such complaints, online-estatesale.com may suspend or terminate your membership.
- If you use the Buy Now facility to pay by credit card, you agree to:
- attempt to resolve the issue with the Seller first, and to inform online-estatesale.com and co-operate fully and reasonably to resolve any problem transaction before requesting a chargeback from your card issuer or bank.
- return the goods (with original packaging) should you seek a refund from the Seller in the event that they are not as described or arrive damaged.
- Feedback is provided for the purpose of facilitating trading between members on the online-estatesale.com website. Feedback you provide on other members must not contain offensive, defamatory, retaliatory or inappropriate language or content. EstateSale.COM LLC may remove any feedback that we consider to be offensive, defamatory, retaliatory or inappropriate.
- You may only give member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
- You must not post feedback about yourself or include any contact details or personal information in your feedback.
- FEES AND ACCOUNTS
5.1 online-estatesale.com Listing Fees and Success Fees
- online-estatesale.com charges fees for the use of the website as a venue.
- online-estatesale.com current fees are listed on our fees page in the help section.
- EstateSale.COM LLC reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
- Before listing an item, you should review online-estatesale.com's fees to ensure you are aware of the fees that you will incur.
- You must pay the fees immediately upon demand by EstateSale.COM LLC.
- GENERAL PROVISIONS
6.1 System Integrity: EstateSale.COM LLC will use its reasonable endeavours to ensure the availability of the website and Services, subject to any downtime required for maintenance. However, EstateSale.COM LLC takes no responsibility for any system unavailability, or for any loss that is incurred as a result of website or Services being unavailable. Further, EstateSale.COM LLC assumes no responsibility for the corruption of any data or information held by EstateSale.COM LLC.
6.2 Resolution of disputes: As EstateSale.COM LLC is not a party to any sale or transaction between you and another member, you agree not to involve, or attempt to involve, EstateSale.COM LLC in any dispute or in the resolution of disputes that arise between you and another member as a result of the Services provided, other than as provided in clause 4.3 i (i).
6.4 Force Majeure: Without prejudice to clause 2.3(a), EstateSale.COM LLC has no liability for any lack of performance, unavailability or failure of the Services or the website, or for any failure of EstateSale.COM LLC to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of EstateSale.COM LLC.
6.5 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.6 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.7 Governing Law: These terms and conditions are governed by the laws of Pennsylvania.
6.8 Intellectual Property Rights: online-estatesale.com (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the website.
- You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of this website.
6.9 Entire agreement: These terms and conditions supersede all previous conditions, understandings, commitments, agreements and representations whatsoever whether oral or written, and constitutes the entire agreement, between the parties, relating to the subject matter of these terms and conditions.